Establishment of the owners of the owners of housing: pros and cons of HOA, rights and obligations, possible difficulties in the Board, Education Stages
When the tenants of new buildings or houses, built for a long time, decide on the formation of HOA, they should well imagine all the pros and cons of such an association. About this, as well as how the partnership is created, we are going to tell.
According to the new Housing Code of the Russian Federation, the tenants who are owners of their apartments may be described in order to manage property belonging to them. One of the species of such a structure is a housing owner partnership (HOA). This is a non-profit organization formed by the owners of premises (residential and non-residential) for joint management of an apartment building and solving issues of ownership, use and disposal of common property.
Why are the advantages of managing the house forces of the partnership? Here are just some of them. First, the HOA can choose a serving company. Therefore, if the quality of the services provided does not comply with the requirements of tenants (for example, it is inexpressive or poorly removed by the territory), it allows you to terminate the contract and conclude it with another organization or individuals. Secondly, the HOA independently plans repair work in his home, defines their sequence. The apack is the plan of these works and the estimation of expenses for the year are approved at the general meeting of members of the HOA, it is not necessary to ask the city administration to allocate money and then wait for the arrival of the repairmen.
District legislative practice is often united by the concepts of "partnership owners of housing" and "Condominium". However, the condominium is the real estate itself (including the land plot in the established boundaries located on it a residential building and other real estate objects), and the homeowners' partnership is the Office of Management of this property. The condominium can exist without any HOA, but for the management of them (equipment of playgrounds and the receiving areas of recreation, repair, putting out the premises for rent) form HOA.
There is another adjacent term - housing cooperative (hsk). The difference between the ECC and the HOA is that the HST is created for the period of construction of the house, and after it is built, organize HOA. It should be noted that the existing housing and construction cooperatives should be transformed into HOA over time.
Why unite?
What is the partnership? In order to provide favorable and safe living conditions of citizens, to organize the maintenance of the house and realize the right of each owner of the residential premises to manage their property.TCG means are formed from the following sources:
Mandatory payments, introductory and other contributions of members of the partnership;
Budget subsidies to ensure the operation and repair of the house, compensation for the city authorities of payment of certain types of utilities for preferential categories of residents (in order to receive subsidies, Moscow Tszh must be registered with the Unified Register of Management of Apartment Buildings - Era, which is conducted from October 2007);
Revenues from economic (entrepreneurial) activities of the partnership aimed at carrying out tasks and the fulfillment of the duties of the HOA.
The Housing Code of the Russian Federation does not prohibit HOA to receive revenues necessary to achieve statutory goals. For this, the partnership is allowed to exercise economic activities. True, it should be noted that the list of her species for HOA is usually limited to the service, operation and repair of real estate in an apartment building, the construction of additional premises and objects of common property in such a house, as well as rental of a part of common property.
It is very important that HOA gets the opportunity to use and someone else's territory. You can issue a plot at any stage of the activities of the HOA - it is not at all necessary to do when a partnership is created, or at the time of its registration. The decision to design a land plot in total share ownership takes comrades - the owners of the premises in the house at the general meeting. Upon their instructions, all necessary documents can prepare Chairman of the HOA. After that, it should be applied to the local government body, which will endure the final verdict that determines the fate of the local area. Note: The transfer of such a plot to the property to the owners of the premises is free.
Houses in which homeowners are formed or are formed, first of all include the program of overhaul at the expense of the city's budget. In order for your home to be renovated on time, at the general meeting of members of the HOA, it is necessary to decide on the creation of a capital repairs fund. The game as the owner of residential and non-residential premises will also be obliged to transfer money to this fund according to the decision of the Assembly
Owls. The members of various HOA members surveyed were concerned that the partnerships have the following advantages:
The owners of the premises that united in the HOA are really able to influence the policies of the management company. No one has the right to force the tenants to collect money on the installation in the shared lines of leather furniture, but it is necessary to decide what the additional parking machine should be equipped, and the members of the partnership can be found for this;
The partnership makes it possible to choose an exploiting company. In practice, this means that the owners themselves control the quality of communal services provided to them. Such "revision" is carried out, for example, employees of the HOA (engineer dispatcher), chairman or members of the Board. If some violation is found, checking the board, this fact will be clarified and can be the basis for rupture a contract with this Management Company. AAKT, which recorded the improper quality of housing and communal services, is the basis for recalculation of payments for the communal services provided;
Although the major overhaul of the house members of the HOA are obliged to do at their own expense, the state allocates subsidy from the budget;
The total property of HOA can bring significant profits to its members. The right to conduct entrepreneurial activities provided to the partnerships allows you to earn money on the delivery of non-residential premises or even the walls of the building (for example, under the placement of advertising cloths or technical equipment);
Members of the HOA can enjoy simple (but, alas, such rare now) the joys of life - a well-maintained entrance, their own car park, a well-kept courtyard, a playground, on which your child will compete.
It should also be said that the availability of HOA increases the market value of housing in the house. After all, everyone wants the flower beds to be neat, the stairs are clean, concierge, and the intercoms worked (this list can be replenished infinitely).
The state seeks to help the HOA system. Therefore, not so long ago in a number of regions (in particular, in Moscow), the partnership was released from land tax. The same applies to housing cooperatives, the ECC and other specialized consumer cooperatives created to meet the needs of citizens in housing - now they should not pay tax on land plots used by them to achieve statutory goals in accordance with the Housing Code of the Russian Federation.
Experts believe that it is more profitable to manage multiple apartment buildings. The law does not interfere - one HOA can be created from tenants of two or more houses. In addition, the HOA is entitled to choose any home management form: independently, through direct contracts with resource-supplying organizations or through an agreement with an invited partnership operating company. The full transfer of the professional managing organization of all powers by order of common property is possible.
Ominus. However, not everything is so cloudless - there is a HOA and its drawbacks:
Often, the initiatives of owners do not find support from local authorities. Hospitalization, the mechanism of interaction between partnerships and authorities, so necessary to solve the set of housing associated issues, is not sufficiently enshrined in the law. A typical example: if someone from the tenants at home, in which there is a HOA, does not want to pay contributions and make mandatory utility payments, to recover the debts only through the court. As long as the court will decide, a lot of time can pass, and utilities will pay law-abiding members of the HOA during this period;
Grearants do not really want to join the HOA. By the law, the city authorities are obliged to return the difference between payments of beneficiaries (and they are less than usual, since this category of citizens use subsidies to pay for utilities) and the remaining owners of housing, but in practice such compensation occurs extremely rarely;
The fee for exploitation in the HOA is higher than in an ordinary house. But it is necessary to understand that the amount of mandatory utility payments is absolutely the same for members of the HOA, and for residents of those houses in which the partnerships are not created. Avtid decision on additional costs (for example, on the equipment of an automated garage, lining of the entrance of marble tiles, decoration of the lobby, the payment of services of the landscape designer) takes the general meeting of residents or the Board of HOA. Calculation and accrual for residential premises and utilities can be carried out by chief accountant, accountant or chairman of the partnership. Moreover, it is necessary to take into account cases of failure to provide services or the provision of utility services serving organizations (for example, after summer preventive work, he did not include hot water on time);
The success and effectiveness of the activities of HOA largely depend on its chairman and government. Therefore, choosing managers must be met with the mind. But even this can not be a guarantee that the respected neighbor from the fifth floor does not want to assign a part of public money, and the combat neighbor from the second entrance will become a good manager.
Finally, the Chairmen of the HOA often complain about the insignificance of tenants and the lack of understanding. Of course, membership in HOA assumes some additional costs, but they pay off with a hundredfold. For example, what mother would not want to let go of his child for a walk in a closed and safe courtyard? Such a problem can solve exactly the HOA, however, it will require some effort and cash costs.
The partnership of the owners of the housing allows the tenants to make money on a general workshop. For this, the general meeting of members of the HOA makes a decision to convey to temporary use of some objects of this property (basement where the store is satisfied, or a deaf wall of the house on which the advertising shield is placed). You can also expand the area of the building - for example, to suck the attic and pass it out. Additional income that the HOA will receive should go home
Rights and obligations
In order to imagine how the partnership acts and how it can help ordinary residents, it is necessary to study his rights and obligations. Let's start with utilities. HOA concludes contracts with resource-supply organizations or independently produces the resources necessary to provide consumers of utility quality services in the required volumes. It is very important that the requirements of the law are not broken, and the life, health and property of residents has not caused damage. The partnership can serve the domestic engineering systems used to provide utilities to consumers, independently or with the involvement of other persons.
The calculation and charge charges for utilities on the management of the HOA are assigned the following duties:
In the prescribed manner, reduce the amount of these payments (for example, if there were interruptions with electricity supply);
At the request of the consumer, check the amount of fees for services and no later than 3 working days to issue documents confirming the correctness of the accrual of payments, taking into account the quality of the services provided, as well as established by laws and contracts, penalties, penalties.
It is very important to ensure publicity and transparency of the activities of the Board of the HOA. To do this, in the presence of collective (generalic) counters, the journal of accounting is the records of their testimony, which allows for the consumer's request for 1 working day to provide him with an extract from this magazine. If there were malfunction in the work of domestic engineering systems or engineering communications and equipment located outside the house, the Board is obliged not only to inform the owners of housing during the day, but also to give a likely forecast: the provision of public services will be suspended or limited. In addition, the partnership at the request of any owner must provide him with the following information: names, addresses and telephone numbers of dispatch and emergency services, the size of tariffs for utilities and allowances for tariffs, the order and form of payment of these services, the parameters of their quality, the deadlines for the elimination of accidents and other violations of the procedure for providing utilities.
Another unpleasant responsibility lies on the leadership of the partnership - to inform consumers about planned interruptions in the provision of utilities, and no later than 10 working days before the start of this suspension.
In order to guarantee execution by the management bodies of the HOA of their duties, the responsibility measures are provided. The grounds for the application of such measures are the violation of the quality and procedure for providing utilities; Harm caused to life, health and consumer property, as well as persons living with him, due to failure to provide these services or their inappropriate quality. The lack of guilt of the heads of the HOA or the management organization in this case is not taken into account. However, they are exempt from liability for worsening the quality of utilities, if they prove that it caused the circumstances of force majeure. Violation of obligations on the part of counterparties (serving organizations) or erroneous actions of the Board (including the lack of necessary funds) do not belong to such circumstances. The list of cases where members of the Board of HOA are responsible, enshrined in the Charter.
But all this concerns duties. Avt TsZ Rights for the most part relate to the organization of relationships with consumers of utilities. The partnership is entitled to demand payment for consumed services (and, accordingly, the payment of contest, fines, penalties in the presence of debt). The board of the partnership may also require that employees or representatives of the HOA, emergency service staff for inspecting the technical and sanitary condition of intra-quarter equipment and the fulfillment of the necessary repair work have been admitted to the residential premises. The time of visits should be coordinated with the consumer (although this rule does not apply to those when it is necessary to eliminate the accident). If you refuse to let the TCG representatives and your fault will be damaged (for example, you will fill the neighbors due to the malfunction of the water supply system), then the partnership has the right to insist on full damages.
Finally, the Board of HOA is endowed with the authority to suspend or limit the supply of hot water, electrical energy and gas. However, this procedure is quite long: to limit the provision of utilities or suspend their supply can only be sent by court. The owner of the room must be pre-send a written warning of measures to be accepted (it is best to send it by mail with a receipt notice or transmit from hand to receipt). But it should be taken into account the periods provided for for the elimination of a defaulter debt. Taking into account - turn off heating, sewage and cold water supply is prohibited.
Problems
Well, now let's try to look at the problems of HOA from the inside. The chairmen of the partnerships are recognized that many difficulties are worried. They can be divided into several categories.
The first (and most important) - non-payment. For example, the developer and the buyer, partially already paid for the apartment, are shown, since it is solved in different ways. Debt in front of HOA grows, the buyer lives in the apartment, repairing it, but for exploitation does not pay, referring to the fact that the housing does not formally belong to him. Yes, and the investor is not ready to pay payments in full, although it claims that the apartment remains his property. Legally, this situation is not settled, and therefore in each particular case is permitted individually, most often in the judiciary.
The second problem is a relationship with the developer: not each of them is ready to eliminate the shortcomings that are in any new building. If you make the developer do it fails, the tenants eliminate flaws and malfunctions at their own expense.
Sometimes the developer introduces future owners of misleading relative to the size of the local area. When the tenants acquire apartments, they show prospectuses, and on the phrase: "the territory is specified", included in the contract, no one pays attention. Ivot accommodation was bought, the courtyard is equipped, shops and sandboxes are installed - and in the yard have already begun to dig a new pit! .. Or people gave money for an apartment with a so-called free planning, and then they had to pay for redevelopment, which was not, because when they Entered, in the new housing there were only external walls. (The fact is that in our housing legislation does not provide for the term "free planning of the apartment", so all buyers of such housing will have to have a difficult procedure for the reduction of redevelopment.)
The third problem is the lack of information on the activities of the HOA. Many residents do not go to general meetings, but all questions relating to their home home are solved exactly there. Therefore, often the HOA resorts to the help of "talks" - those members of the Board that can bypass all apartments in the house and discuss urgent cases with owners.
Isaway acute problem - indifference inhabitants. Many people are ready to give money, but do not want to participate in the improvement or at least discuss possible options for improving the life of the house.
Summing up, you can say: HOA is a conscious need. You need to manage your home with the mind. Bestian than the owner, no one will do it.
HOA is not entitled to change utility tariffs: they are established by the Government of the Russian Federation. Avtot size fee for the maintenance and repair of the house (what was previously called the maintenance of the building) is determined at the general meeting of members of the HOA. The same partnership is obtained from the city budget subsidies for the maintenance and repair of the housing stock in apartment buildings - this kind of allowance allows you to maintain a house in proper condition
Sequence of stages of the formation of the owners of housing
1. Education of an initiative group from owners or future owners of housing
2. Preparatory work (the surcharge of residents, clarification of the advantages of association)
3. The general meeting of residents, which decide on the formation of HOA, choose the Board and its Chairman, as well as a way of managing property (by the owners of the owners of either the management company or with HOA), approve the Charter of the HOA
4. Registration of HOA as a legal entity. This requires a statement of state registration, the Protocol of the General Assembly with a decision on the creation of a home owner partnership (original or notarized copy), two copies of the Charter of HOA, approved by the General Meeting of Homeowners (stitched and numbered), as well as a receipt for the payment of state duty for registration of a partnership (2 thousand rubles)
5. Opening the settlement account of the partnership in the bank
6. Transfer of a house in the management of a specially created commission, which contains representatives of the city administration and board members of the HOA (Act of acceptance and transmission - a typical interdepartmental form N OS-1A with the application of technical documentation on the building)